Osram Opto files patent lawsuit against Citizen
Japanese LED maker Citizen Electronics is facing a lawsuit filed by its German competitor Osram Opto Semiconductors.
The complaint concerns white LEDs featuring a color-conversion technology that Osram has patented. Typical applications include display backlights in cellphones and car radios.
Developed by Osram in the mid-to-late 1990s, the technology in question uses a phosphor to convert blue emission from InGaN chips into white. Osram claims to have been the first manufacturer to launch the white single-chip LED commercially.
The situation is complicated by the fact that Citizen manufactures white LEDs using technology licensed from Nichia, under an agreement (the very first signed by Nichia) dating back to early 2002 (see Patents: Blue and white LEDs).
Later in 2002, Nichia and Osram Opto Semiconductors signed a cross-licensing agreement, allowing the companies access to each other's technology. However, this agreement does not cover third-party access. In June 2004, Nichia issued a statement aimed at its competitors that have signed licensing agreements with Osram Opto Semiconductors in relation to white LEDs. Nichia was keen to stress that, despite a cross-license agreement between Nichia and Osram, a license granted to a third party under Osram's patents does not imply a license under Nichia's patents.
Action against Citizen
In the latest lawsuit, Osram stresses that Citizen has infringed and is still infringing its patents by importing, selling and offering certain white LEDs in Germany. Osram intends to obtain a restraining order and is applying for compensation.
As part of the lawsuit, Osram hopes that Citizen will also be prevented from importing numerous LEDs, as well as Citizen products containing these LEDs, into Germany.
Osram has taken similar action against an LED distributor, which has since declared that it will not distribute Citizen products that infringe Osram s patents.
Last May, Osram took proceedings against the Malaysian manufacturer of LEDs Dominant Semiconductors Sdn. Bhd. at the United Nations Commission on International Trade Law. Osram is currently issuing warnings to Dominant and its distributors in Germany, France and Taiwan on the basis of the patent infringements. Two German distributors have already issued a declaration of discontinuance.
"Our objective in taking legal action against Citizen and issuing warnings to Dominant is to prevent unauthorised use of our technology," stated Ruediger Mueller, CEO of Osram Opto Semiconductors. "We have a considerable number of patents which were acquired over the course of many years of intensive research and development work."
Author
Tim Whitaker is Editor of LEDs Magazine
